Texas Injury Lawyers: Misdiagnosis and Delayed Diagnosis
Learn how Texas law approaches medical misdiagnosis and delayed diagnosis, what patients must prove, potential damages, and key steps to protect a claim.
Overview: Misdiagnosis and Delayed Diagnosis in Texas
Misdiagnosis and delayed diagnosis are common medical malpractice allegations. In Texas, these cases turn on whether a healthcare provider departed from accepted standards of care and whether that lapse caused injury. Examples include missed heart attacks or strokes, failure to order timely tests, misread imaging, or attributing serious symptoms to a minor condition.
What You Must Prove
To bring a medical negligence claim in Texas, an injured patient generally must establish: (1) a provider–patient relationship creating a duty of care; (2) a breach of the applicable standard of care; (3) causation linking the breach to the injury; and (4) damages. Expert testimony is typically required to explain what a reasonably prudent provider would have done and how the lapse caused harm. See, e.g., Jelinek v. Casas.
Expert Reports Are Mandatory
Texas requires plaintiffs asserting health care liability claims (HCLCs) to serve one or more expert reports early in the case. The report must provide a fair summary of the opinions regarding the applicable standard of care, how it was breached, and how the breach caused injury, and must include the expert’s curriculum vitae. Failure to timely serve a compliant report can lead to dismissal. See Tex. Civ. Prac. & Rem. Code § 74.351.
Caps on Certain Damages
Texas caps non-economic damages (such as pain and suffering) in many health care liability claims. In personal injury and survival actions, non-economic damages are limited to: $250,000 per claimant against a physician or health care provider; and $250,000 per claimant against each health care institution, up to two institutions (maximum $500,000 against institutions). When both a physician and two institutions are defendants, the potential aggregate non-economic cap is $750,000. See § 74.301. Texas also imposes a separate, inflation-adjusted cap for wrongful-death medical negligence cases. See § 74.303.
Common Causes of Misdiagnosis and Delay
- Incomplete history or inadequate physical exam
- Failure to order indicated labs or imaging
- Misinterpretation of test results
- Communication breakdowns among providers
- Inadequate follow-up on abnormal findings
- Premature closure (settling on a diagnosis too early)
- System issues (staffing, triage, EHR alerts)
Evidence That Can Help Your Case
- Medical records, imaging, and lab results
- Referral notes and follow-up instructions
- Timeline of symptoms and appointments
- Medication lists and pharmacy records
- Employer records showing missed work
- Journals documenting pain, limitations, and daily impact
Special Considerations in Cancer, Stroke, and Cardiac Cases
When time to diagnosis is critical, causation often turns on whether earlier diagnosis would have changed the outcome—such as enabling less invasive treatment, preserving function, or improving survival odds. Expert analysis typically addresses staging, treatment windows, or whether injury was reversible if timely care had been provided.
Deadlines and Notice Requirements
- Statute of limitations and repose: Most HCLCs must be filed within two years of the alleged breach or the completion of the relevant treatment or hospitalization, with limited exceptions (including special rules for minors), and a 10-year statute of repose applies. See § 74.251.
- Pre-suit notice and authorization: Claimants must give each prospective defendant written notice at least 60 days before filing suit and provide the statutory medical authorization; timely notice tolls limitations for 75 days. See § 74.051 and § 74.052.
- Expert report deadline: An expert report must be served within 120 days after each defendant’s original answer, or the claim risks dismissal. See § 74.351.
Healthcare Liability Claim vs. Ordinary Negligence
Under Texas law, many lawsuits against medical providers are classified as health care liability claims—even when framed as ordinary negligence—if they allege departures from accepted standards of medical care, health care, safety, or certain administrative services directly related to health care. Classification matters because it triggers Chapter 74’s procedural requirements, including pre-suit notice and expert reports. See § 74.001(13); Ross v. St. Luke’s Episcopal Hosp.; Texas West Oaks Hosp., LP v. Williams.
Steps to Take If You Suspect Misdiagnosis or Delay
- Seek appropriate medical care immediately and follow medical advice.
- Request and preserve complete medical records from all providers.
- Avoid discussing fault with insurers before consulting counsel.
- Document symptoms, work impacts, and out-of-pocket costs.
- Contact an attorney experienced in Texas medical malpractice to evaluate deadlines, expert needs, and damages.
Practical Tips
- Ask for a differential diagnosis and what red flags should trigger a return visit.
- Request copies of all test orders and results before leaving the facility.
- Use a single notebook or app to track symptoms, dates, and provider communications.
- If a referral is delayed, call to confirm scheduling and document each contact.
Quick Claim-Protection Checklist
- Get immediate follow-up care and second opinions as needed.
- Gather medical records, imaging, and lab reports from every provider.
- List all providers and facilities involved with dates of visits.
- Save bills, EOBs, and receipts for out-of-pocket costs.
- Preserve emails, portal messages, and voicemail transcripts.
- Consult Texas counsel promptly to assess deadlines and expert requirements.
Potential Compensation
Recoverable damages may include medical expenses, lost income and benefits, loss of earning capacity, household services, and non-economic losses like pain, mental anguish, and loss of consortium—subject to Texas caps and proof requirements. In tragic cases involving death, wrongful death and survival claims may be available to eligible family members and the estate. See § 74.301 and § 74.303.
FAQ: Texas Misdiagnosis and Delayed Diagnosis
How long do I have to file a case?
Most claims must be filed within two years of the negligent act or the relevant treatment period, with a 10-year statute of repose and limited exceptions. Confirm your specific deadline with counsel. See § 74.251.
Do I need an expert to proceed?
Yes. Chapter 74 requires an expert report addressing standard of care, breach, and causation within 120 days after each defendant’s original answer. See § 74.351.
Are pain and suffering damages capped?
Non-economic damages are capped in many cases, with limits depending on the types and number of defendants. Economic losses like medical bills and wages are not capped but must be proven.
What if the provider says it was a system issue?
Claims tied to health care standards often qualify as health care liability claims even when framed as safety or administrative issues, triggering Chapter 74 requirements.
How Our Texas Injury Team Can Help
We investigate quickly, obtain and analyze records, consult with appropriate specialists, and build the expert-supported proof Texas courts require. We handle communications with insurers, evaluate damages, and pursue accountability while you focus on recovery.
Ready to talk? Contact our Texas medical malpractice team for a confidential case review.
Texas-specific disclaimer: This information is general and reflects Texas law as of the date listed. It is not legal advice and does not create an attorney–client relationship. Deadlines and outcomes depend on specific facts and current statutes and cases. Consult a licensed Texas attorney about your situation.